Palin Threatens Washington Post, NY Times, MSNBC, and Other Publications With Defamation Lawsuit

225px-palin1Sarah Palin may have been unclear as to why she decided to quit early as governor, but her lawyer, Thomas Van Flein, is insisting that it is not because of an investigation of wrongdoing involving her house on Lake Lucille or the Wasilla Sports complex. The link was published in pieces by Alaska blogger Shannyn Moore, Huffpo, Washington Post, the NY Times and MSNBC.

While Palin’s rationale for leaving the job early is questionable, if not laughable, she has reason to be miffed about the suggestion that she is leaving with investigators on her heels. Special Agent Eric Gonzalez stated that “[t]here is absolutely no truth to those rumors, that we’re investigating her or getting ready to indict her. It’s just not true.”

Does this make it defamation? Probably not. Palin is both a public figure and public official. As such, she fails under the New York Times v. Sullivan standard and must show actual malice — defined as knowing falsity or a reckless disregard that the story was untrue. It is a standard that was designed to be difficult to satisfy. The purpose of a letter from counsel is to put the news organizations on notice that the story is false and defamatory. Any later stories are then easier to prove as defamation with such notice.

The Los Angeles Times quickly published an article debunking the link, here, despite the fact that the theory continues to multiply over the Internet.

87 thoughts on “Palin Threatens Washington Post, NY Times, MSNBC, and Other Publications With Defamation Lawsuit”

  1. As horrifying as I find this to contemplate I don’t think that Jim is wrong in thinking she does have a chance at the nomination. By the way Buddha, I know I was the first to attack him, but in truth he has done as he says and I’m finding him an interesting read lately, with some really thoughtful stuff thrown in.

    The reason I think she has a a chance is the memory of how most of the US (and me)viewed Ronald Reagan before he became governor of California. It seemed a joke that this washed up and hokey actor, with no credentials but a canned speech he gave all over the country, paid for by our nation’s largest defense contractor GE, could aspire to the governorship of our then most populous state. His performance as Governor was awful, but his macho rhetoric had resonance with people. The thought of his overturning an incumbent President was again a seeming joke. Iran and a news media that even then treated him even-handedly thus raising his credibility, was backed by his actor’s ease and a script that made bogeyman out of unpopular minorities like Blacks and people on welfare.

    He became President and the Republican establishment rallied around him, getting shot was a boost, and made it seem like this man without a clue was really in charge. W.F. Buckley, who some now remember with a sense that he was genuine, proclaimed Reagan as a political genius after meeting him. In truth he was smart enough to follow a script, play a role and even improvise a little when called on. The Fundamentalists were sucked in that he was religious, though he barely attended church. Excellent PR allowed him to cut taxes on the rich and put in place the largest tax hike in history for the middle and working classes. He initiated the busting of the Union movement with PATCO and also his policies assisted in draining this country of its’ manufacturing base.

    His supposed greatest achievement, the destruction of the USSR was none of his making. This was a bankrupt system that maintained power via oppression and keeping its’ populace in ignorance about how poorly they were living. By the 80’s word got through that the standard of living elsewhere in the world far exceeded that of the people in the USSR. Then too their defeat in Afghanistan (a lesson we should learn from)
    brought home hundreds of thousands of demoralized troops. The people stopped believing, including Communist Party loyalists and Mikael Gorbachev, a brilliant man with a KGB background came to power realizing change was inevitable. Nevertheless,
    Republican’s worked to rewrite history and make Ronnie the hero of the piece.

    Reagan in truth was just as intellectually lazy as is Palin. He had the same narrow view of the world and having failed as an actor, when once he was a “B” movie leading man, he and his wife hungered for the spotlight again. Ms. Palin, unsuccessful beauty Queen harbors those same hungers for the spotlight. She has no ideas or vision what to do with it if she gets there, but as we saw with Reagan there will be plenty to guide and lead her should she be successful. She and he are and were the essence of the most dangerous combination’s in the world. Dumb people, who think they are smart. To Ronnie’s credit I think he was a little more self aware of this than she is. however, this is a guy who remembered his roles in war movies as if he had really been there and used the plot of a 30’s SF potboiler to give impetus to the Star Wars boondoggle of cash to unworthy defense contractors.

    Be afraid. Be Very Afraid!

  2. Jim,

    I disagree (about nobody talking about her if she didn’t stand a chance), and for my counter argument I set forth Paris Hilton. Americans across the board love 2 things, celebrities, and watching people make fools of themselves.

    Or alternately, look at the first few shows of what ever the talent contest of your choice is.

  3. Ms. Sarah can make as many threats as she wishes. The truth is that she doesn’t have a snowball’s chance in hell of framing a defamation claim that would withstand a motion to dismiss.

  4. As I said above”some of the people some of the time,but not all of the people all of the time”

    “A portion of Palin’s speech that Varney didn’t show had her saying this: “Life is too short to compromise time and resources… it may be tempting and more comfortable to just keep your head down, plod along, and appease those who demand: ‘Sit down and shut up,’ but that’s the worthless, easy path; that’s a quitter’s way out. And a problem in our country today is apathy. It would be apathetic to just hunker down and “go with the flow’”. Since when is serving out a political term the “quitter’s way out?” Why are none of Palin’s fans noting that QUITTING is the quitter’s way out? What’s that saying? Winners never quit and quitters never win?”

  5. May I speak for these combined media outlets when I say: BRING IT ON, PALIN!

  6. I think that Pew link simply settles the idea that Republicans are about as foolish and clueless as it appears. It also explains why they are dying on the vine or being incorporated into the Demoblican Party.

    Oh, and it ain’t just Republicans that suck…

  7. I can not fathom the mind of the soul that considers this woman to be leadership material for anything, much less VP or POTUS.

    This does not speak well for an Alaskan’s sense of judgment.

    She was cute when I first saw her, but then she opened her mouth. Somehow, being cute isn’t enough to satisfy me. But for some, apparently it is.

    It juts baffles me that there are actually living, breathing people who think of her with respect and admiration. Or could consider her a leader.

    I just don’t get it.

  8. No, what I provided were statistic, Scotsman. From Rassmussen. You know, the same people the news and government use for gathering statistical data. Not a bullshit made up “73%” number in your “unbiased” attempt to float her fascist boat, sport.

  9. Buddha,

    It sounds like you don’t like Gov. Palin. Am I reading you wrong?

    At least you provided me with an “impartial” view. :>)

  10. “, if she really didn’t have a chance in 2012, nobody would be paying any attention to her.”

    That may be the funniest thing you’ve ever typed, Scotsman. It’s also projection and wishful thinking. If this woman ever wins a national election, it was rigged. Period. No hemming and hawing – as stolen as anything Bush stole and he stole plenty. There’s no “73%” of anything that supports Palin. She appeals only to the far right fringe of the GOP, you know – the Enemy Within, the Neocons, your “people” – which at last count was about 10-15% of the GOP, which is only about 32% of the population (according to Rassmussen) to start with and rapidly falling in numbers of self-identified Republicans. That means HER base is about 3% of the total population. That leave 38.9% as self-identified Democrats and 28.9% as unaffiliated according to this months numbers. Even if she appeals to 100% of the GOP, she’s not electable and her biggest losses, indeed the GOP’s biggest losses, have been with Independent voters.

    Your girl just stood up on stage and stabbed her career in the heart. It’s not a wise and crafty strategy. She’s running away and everyone knows it. Well, maybe she doesn’t know it, but then again denial seems to be a common thread among those who think like her. But she IS running away. There is no mistake about that. Be it from fear of investigation, unwillingness to the do the job AK elected her for out of spite/pity/scorn/selfishness/whatever over her not getting to be VP, or her just being a plain old quitter makes no difference. She may remain in politics as talking head, but her days of getting elected are over. What part of “she’s a toxic asset” don’t you guys get yet?

  11. Imagine the nerve of those newspapers and other media looking into every aspect of the life of a candidate for Vice President and potential Presidential candidate. What right do they have, besides that freedom of the press in a democracy thing, to examine and write about the ethics complaints filed against a sitting governor, her official decisions and actions and the very public, and often unconventionnal and newsworthy, behavior of her family members? Da noive!

  12. Preparing for a Presidential run? No.

    Realized her new baby needs a Mother? No.

    Pulling a Tom Stevens “hat trick”? No.

    Payback for the Sports Complex? No.

    But what about Michael’s sister and the crystal meth connection? Could it run deep in the family?

  13. If she was a man, she would be well out of the national spotlight by now. In addition, if she really didn’t have a chance in 2012, nobody would be paying any attention to her.

    Who knows? She may be able to play all the spin into something positive.

    The latest survey I read had her approval rating with Republicans at 73%.

  14. Well, what about the deal that she has with the Kremlin to sell drilling right to the Russian Confederation to De Wolf North Alaska of it wolf, innuit and oil? I hear that is a big news story worth publishing.

    No I really think an investigation is looming that will prove her up ending. Not that she could not do it herself. She may be good for Alaska, but that is questionable. She is far to thinned skinned for National Politics.

    The above was meant only as humor.

  15. Good Morning All,I’m sitting here looking and listening to the discussion of Palins speech over the weekend,and I’m shaking my head in disbelief that a lot of commentators are saying how great,her performance was.

    The only thing that comes to mind about this whole situation to sum it all up is,that famous qoute that was made many,many years ago.”You can fool some of the people some of the time,But you can’t fool all of the people all of the time”

    But I’ll give it to her and her supporters,for trying to prove that theory wrong.

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